May 21, 1898.J
to have been an infant when he borrowed the | money and was also admitted to have been au infant at the time he was sued. It was need. less for him to take up the time of the court in contending that had it not been for section 11 of the code defendant in the case now before the court would not have had a bad case.
Mr. Pollock-We are quite prepared to admit that
Mr. Francis, coutinuing, said he thought his learned friend would also admit that while an infant might make himself liable for neces- saries it was perfectly clear in poiut of law that he could not make a promissory note, and that his contract so made was not merely voidable but void. He would also ask their lordships' atten- tion to the fact that somewhat recently in Eng- land the whole common law with reference to the liabilities of infants had been rendered much more stringent, and a special Act had been passed which made void a number of contracts which before were voidable only at common law.
The Chief Justice-And it also affects the question of the affirmation of contracts.
|
CHINA OVERLAND TRADE REPORT.
decision given in the case of Taug Kit Shaug Weihaiwei. v. Ng Pak To in March, 1895.
18th May.
CRIMINAL SESSIONS.
BEFORE SIR JOHN CARRINGton (Chief JUSTICE.}
EYES.
THROWING PEPPER INTO A BOY'S
Au Chung and Tak Siu were charged with intent to enable them to commit larceny from (a) applying and administering pepper with the person; (b) larceny from the person. The offence was alleged to have been committed on of age named Ung Tin, an approutice to Lo April 14th. Complainant was a boy 15 years Tung Kee, of Pokfulam Road, tailor.
Defendants pleaded not guilty.
401
The evacuation will be completed by 3rd June, when Weihaiwei will be surren- dered to the Chinese with all the buildings erected by the Japanese, as they stand since the occupation. The Japanese garrison at present numbers some 4,500 troops.
RAILWAY CONCESSIONS IN CHINA.
MESSRS. JARDINE, MATHESON & CO. AND THE HONGKONG AND SHANGHAI BANK.
[SPECIAL TELEGRAM TO THE "DAILY PRESS."]
SHANGHAI, 17th May.
Messrs. Jardine, Matheson & Co. and the Hongkong and Shanghai Bank have secured a The jury was composed of the following concession for the building and working of a Messrs. M. E. Kozhevar, D. P. J. Lopez, J. M. railway from Shanghai to Nanking with de Graca, F. W. Hall, M. J. Acquina, W. H.bable extensions and also for the working of pro. Gaskell, and C. C. H. Schroter,
the Shanghai and Woosung liue.
Mr. Francis said yes, and continuing added that the question hero was what was the effect|secution. of section 11 of Ordinance 14 of 1873. In the judgment of the full court in the case of 1895, some reference was made to the history of that section, and the history of that section was to be traced from Ordinance 9 of 1845.
Mr. Pollock said his learned friend was doing what their lordships laid down he was not entitled to do. He was trying to pick hiles in the previous judgment. Ho submitted that the only thing his learned friend was entitled to do was to show that there was a distinction between that case and the case now before their lordships and that they, therefore, ought not to be bound by the decision of the full court in 1895.
Le
Mr. Francis said he could not more their lordships to disregard that judgment without pointing out the defects of that judgment. proposed to show that that judgment is plainly and manifestly unfounded and not according to the fair custom of the realm.
Mr. Pollock said the judgment of the fall court of 1895 directly affected the dealings between the parties in the present case. When the promissory note was given in 1897 plaintiff had the fullest right to consider that a sub sequent full court would be bound by the previous full court and that he was quite safe in taking a promissory note drawn by an infant. He would submit that his learned friend ought certainly to quote some cases if he could---he did not think he would be able to do so---in support of his contention that that court ought not to be bound by the fall court of 1895.
Mr. Francis submitted that he was of suffici ent standing to have his word accepted when he said he had a thoroughly sound argument to put before their lordships. There were excep- tional cases, and he contended that this was oue of them.
After consulting with his learned colleague for a few minutes,
The Chief Justice said he confessed he felt some difficulty in this cuse: When the court laid down a certain course of procedure it was usual for counsel to comply at once with the suggestion of the court. But at the same time if Mr. Francis thought he could not do justice to his client without going into the other matter he should be reluctant to refuse to hear him.
ter to seamstresses.
Ou lane, where it was found
The Attorney General (the Hon. W. M. Goodman), instructed by Mr. H. L. Denays (rown Solicitor), appeared for the pro- out to collect goods given out by his mas. He said the boy had been seut
pieces of clothing. The last place he called at He had collected seven
was in Queen's road West. When he had got downstairs and was about to come out two per- first defeudant--flung pepper in his eyes, u sons came up to him in the doorway. Oue- most cruel thing to do, and the other mu suatched the bundle from him. They then ran away. An excise officer saw what took place, but he thought they were skylarking until he calling out. The excise officer never lost sight of saw the boy running after them and heard him
first defendant until he was arrested and taken would therefore be no doubt as to the identifica- to the police station by a constable. Thero tion of the first defeudant, whow complainant also identified. The other man made off and deposited the clothing in a doorway in Sai time formation given by first defendant that second afterwards. It was in consequence of some in- defendant was arrested the following day at the house at which first defendant lived.
some
SPANISH-AMERICAN WAR.
MORE NEWS FROM THE
PINES.
PHILIP.
CAPTURE OF A SPANISH REVENUE CRUISER.
ENTHUSIASTIC RECEPTION OF CON- SUL WILLIAMS AT CAVITE.
THE FOOD SUPPLY AT MANILA.
16th May.
Manila with the outside world will be repaired It is not likely that the cable which connects
for some time, as the Americans and the Tele- graph Company cannot come to terms. The Company wish the, cable to be at the service both of the Spaniards and the Americans, but to this the latter will not consent. Hence the deadlock. Fortunately the beleaguered city is only 48 hours, steaming from Hong-
arrangements have been made for the sending off of despatches as fre- quently as possible we shall be kept fairly well informed of the progress of events in the Philippines.
police constable gave evidence, the constabing
Complainant, the excise officgr, and a Chinese saying that he was positive as to the identity of
both defendants.
Inspector McDonald also gave evidence.
The mother of second defendant said her son was working all day on April 14th and was at home on the following day. It subsequently transpired that the woman had only recently come into the colony, and his Lordship strongly stating that had she not been the mother and reprimanded her for making a false statement, evidently very ignorant he would hare punished her for giving false evidence. imprisonment and
First defendant was sentenced to 18 months' second defendant to 15 mouths' imprisonment.
Mr. Justice Wise-I agree, but simply on the ground that it is an appeal from a decision given by myself.
Mr. Francis then proceeded to argue on the whole question.
He submitted that the words of section 11 did not profess to alter the common law. They did not profess to take away any defence which an infant might have in regard to debts. They only professed to enable him! to sue or to be sued. "He submitted that the section was to be interpreted as dispensing with the obligation of an infant suing by his next friend and that was all.
Mr. Pollock having addressed the Court on the points raised by Mr. Francis the further hearing was adjourned.
17th May. The appeal was dismissed with costs, the court not seeing their way to depart from the
THE TRANSFER OF WEIHAIWEI.
;
TO TAKE PLACE ON THE 7TH JUNE.
[SPECIAL TELEGRAM TO THE "DAILY PRESS."
SHANAI, 17th May. The transfer of Weihaiwer has been postponed
until the 7th June.
[It was originally expected that the transfer would take place on the 16th inst., but some delay seems to have occurred in the withdrawal of the Japanese Garrison. Latest advices from Japan state that the evacuation was to be com- pleted on the 3rd June.]
A Kobo telegram of the 11th May to the N. C. Daily News says-At a meeting of the Japanese Cabinet on Monday, it was decided to order the evacuation of Weihaiwei, the Im- perial approval being obtained. Orders have been issued for six steamers to be chartered as transports.
and as
The British guuboat Linnet arrived with the mails on Thursday, and at noon yesterday an American boat was signalled, it being subse- quently discovered that the Hugh McCulloch occasion, however, she did not come into the had once more put in an appearance. On this
harbour but cast anchor in Chinese waters in Kowloon Bay.
Admiral Dewey has been given a free hand in regard to his dealings with Mauila, bat unless the Spaniards fire on his vessels or there is some disturbance in the city it is not expected that he will do anything more than blockade the place until the troops which have set sail from San Francisco arrive. They are coming out in the City of Peking under the charge of the cruiser Charleston. The latter is a cruiser with a steel hull, a displacement of 4,940 tons, aud of 7,500 indicated horse power. She carries two 8-in., six 6-in., four 6-pounder guns, two I-pounder quick-firing gans, and six quick-firing guns, two 3-pounder quick-firing machine guns, and carries fish torpedo dis- chargers. Her speed is given as from 187 knots to 18-19 knots. She was launched in
1888 and carries a coal supply of 800 tons.
When the Hugh McCulloch left Manila on Thursday no change had taken place. All was quiet in the city, the streets being practically deserted. Food is, however, getting scarcer, and in conseqn nce prices are very high. The natives in the city have been driven to killing their horses for food.
the jaws of the enemy last week. For some A Spanish revenue cruiser sailed right into
sixteen months she had been on duty in the south, and was ignorant of the stirring events Another Kobe telegram of the same date to of the last few months. She knew nothing the China Gazette says:-Eight Japanese Gov-about the war, or about the Americans being in vernment transports have left Ujina to bring back the Japanese troops to Hiroshima from
possession of the Bay, and came along uncon- cernedly flying the Spanish flag and asking for
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